Search Results

1. TO Ltd v DD Ltd [2019] NZDT 1462 (11 December 2019) [pdf, 196 KB]

   ...show that the buyer relies on the seller’s skill and judgment, and the goods are of a description that it is in the course of the seller’s business to supply. 5. With the proposal DD LTD provided a page entitled Conditions of Sale, and an information sheet on testing packaging and products. 6. The conditions of sale include a subheading “fit for purpose” which states: “we do not warrant the goods supplied to be compatible with any particular product or manufacturing

2. Otimi v Fa'uhiva - Hauhungaroa 1A3 (2019) 401 Aotea MB 102 (401 AOT 102) [pdf, 382 KB]

   ...announcement of the results at the marae, several submissions from concerned beneficiaries have been filed as to the conduct of the meeting by Court staff. In summary, two specific concerns were raised. First, that there were insufficient voting forms which resulted in hand written forms being used thereby raising questions as to the integrity of the vote. 1 Otimi v Fa'uhiva - Hauhungaroa 1A3 (Poukura Pā) (2018) 394 A...

3. XT Ltd v OA Ltd [2022] NZDT 96 (9 August 2022) .pdf [pdf, 170 KB]

   ...determined is what sum OA Ltd must pay in damages to XT Ltd. What sum must OA Ltd pay in damages to XT Ltd? 3. At common law, the purpose of damages for breach of contract is to put the innocent party in the same position as if the contract had been performed, so far as money can achieve this. In this particular situation it makes no difference if the matter is considered in contract or under the tort of negligence, since the purpose is still to put XT Ltd in the same position as if the...

4. J Ltd v KG [2023] NZDT 75 (21 February 2023) [pdf, 190 KB]

   ...itself. [8] The application is dismissed. The applicant is now prevented from pursuing any further claim against the respondent under the assigned debt. Referee: Hannan DTR Date: 21 February 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

5. KQ v UN [2024] NZDT 52 (19 January 2024) [pdf, 127 KB]

   ...damage to [car 2]. This is sufficient proof of liability in a civil claim. UN is therefore liable for the total repair costs for both cars of $10,237.93. Referee: E Paton-Simpson Date: 19 January 2024 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a...

6. XN v BP [2023] NZDT 736 (13 December 2023) [pdf, 177 KB]

   ...provides a checklist of details that must accompany a repossession warning notice. The note BP sent did not comply with many requirements of the warning notice. In particular, it fails to specify the act of default under the agreement. Further, the informal written note that contained a few of the fundamental terms of the agreement does not allow BP the right to repossess the car. 7. I therefore find that BP was not entitled to issue a notice warning of his intention to repossess the...

7. [2010] NZEmpC 108 MacBeth v Cookie Time Limited [pdf, 22 KB]

   ...fact and of the remedies sought. I then gave the following directions: [5] Both parties require discovery of documents. By agreement, each party is to specify in writing to the other party the scope of discovery sought. This should be in the form of a list of appropriately described categories of documents. Those lists are to be provided within 14 days after the provision of further particulars by the plaintiff. [6] Each party is to respond to the other party’s request for disco...

8. KQ v UI [2023] NZDT 46 (10 February 2023) [pdf, 180 KB]

   ...and the hire of a skip bin to remove the damaged property. 10. The total amount I find is reasonable is $2980.25 and this is the amount UI is liable for. Referee: C Murphy Date: 10 February 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for a rehe...

9. TQ v IU [2023] NZDT 117 (1 March 2023) [pdf, 93 KB]

   ...unjust enrichment, my finding is that it would be unjust if IU was to retain the benefit of that repair work at TQ’s expense. 16. IU is to pay TQ $983.49. Referee: Nicholas Blake Date: 1 March 2023 Page 3 of 3 Information for Parties Rehearings You can apply for a rehearing if you believe that something prevented the proper decision from being made: for example, the relevant information was not available at the time. If you wish to apply for...

10. BI & SI v BA [2023] NZDT 142 (2 May 2023) [pdf, 154 KB]

    ...the cars that the Applicants understood they were purchasing. 3. At the first hearing I adjourned to allow the Applicants further time to obtain documents from the Police file. At the second hearing the Applicants told me that they had further information which they wanted the Tribunal to consider, I allowed the Applicants further time to send in these documents, which they did. I confirm that I have considered all the evidence filed by the Applicants in determining this matter. 4....